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  Subjects -> SOCIAL SERVICES AND WELFARE (Total: 224 journals)
Showing 1 - 135 of 135 Journals sorted alphabetically
Aboriginal and Islander Health Worker Journal     Full-text available via subscription   (Followers: 8)
ACOSS Papers     Full-text available via subscription   (Followers: 4)
Adoption & Fostering     Hybrid Journal   (Followers: 17)
Advances in Neurodevelopmental Disorders     Hybrid Journal   (Followers: 3)
Advances in Social Work     Open Access   (Followers: 31)
African Journal of Social Work     Open Access   (Followers: 2)
African Safety Promotion     Full-text available via subscription   (Followers: 4)
African Security     Hybrid Journal   (Followers: 6)
Annals of the American Academy of Political and Social Science     Hybrid Journal   (Followers: 44)
Argumentum     Open Access  
Asia Pacific Journal of Social Work and Development     Hybrid Journal   (Followers: 9)
Asian Journal of Social Science     Hybrid Journal   (Followers: 18)
Asian Social Work and Policy Review     Hybrid Journal   (Followers: 8)
Australasian Journal of Human Security     Full-text available via subscription   (Followers: 2)
Australasian Policing     Full-text available via subscription   (Followers: 7)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 5)
Australian Journal of Emergency Management     Full-text available via subscription   (Followers: 20)
Australian Journal of Social Issues     Hybrid Journal   (Followers: 6)
Australian Journal on Volunteering     Full-text available via subscription   (Followers: 1)
Australian Social Work     Hybrid Journal   (Followers: 13)
AZARBE : Revista Internacional de Trabajo Social y Bienestar     Open Access  
Bakti Budaya     Open Access  
Basic and Applied Social Psychology     Hybrid Journal   (Followers: 43)
British Journal of Social Work     Hybrid Journal   (Followers: 73)
Campbell Systematic Reviews     Open Access   (Followers: 6)
Canadian Social Work Review     Full-text available via subscription   (Followers: 13)
Care Management Journals     Hybrid Journal   (Followers: 5)
Clinical Social Work Journal     Hybrid Journal   (Followers: 27)
Columbia Social Work Review     Open Access  
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 4)
Community Development     Hybrid Journal   (Followers: 20)
Community, Work & Family     Hybrid Journal   (Followers: 24)
ConCienciaSocial     Open Access  
Contemporary Rural Social Work     Open Access   (Followers: 12)
Counseling Outcome Research and Evaluation     Hybrid Journal   (Followers: 12)
Counseling Psychology and Psychotherapy     Open Access   (Followers: 20)
Counsellor (The)     Full-text available via subscription   (Followers: 3)
Critical and Radical Social Work     Hybrid Journal   (Followers: 22)
Critical Policy Studies     Hybrid Journal   (Followers: 15)
Critical Social Policy     Hybrid Journal   (Followers: 47)
Cuadernos de Trabajo Social     Open Access  
Death Studies     Hybrid Journal   (Followers: 21)
Developing Practice : The Child, Youth and Family Work Journal     Full-text available via subscription   (Followers: 15)
Developmental Child Welfare     Hybrid Journal  
Du Bois Review: Social Science Research on Race     Full-text available via subscription   (Followers: 12)
Em Pauta : Teoria Social e Realidade Contemporânea     Open Access   (Followers: 1)
Ethics and Social Welfare     Hybrid Journal   (Followers: 22)
European Journal of Social Psychology     Hybrid Journal   (Followers: 43)
European Journal of Social Security     Full-text available via subscription   (Followers: 6)
European Journal of Social Work     Hybrid Journal   (Followers: 33)
European Journal of Work and Organizational Psychology     Hybrid Journal   (Followers: 34)
European Review of Social Psychology     Hybrid Journal   (Followers: 15)
Families in Society : The Journal of Contemporary Social Services     Full-text available via subscription   (Followers: 11)
Finnish Journal of eHealth and eWelfare : Finjehew     Open Access  
Geopolitical, Social Security and Freedom Journal     Open Access   (Followers: 1)
Global Social Policy     Hybrid Journal   (Followers: 36)
Global Social Welfare     Hybrid Journal   (Followers: 6)
Grief Matters : The Australian Journal of Grief and Bereavement     Full-text available via subscription   (Followers: 13)
Groupwork     Full-text available via subscription   (Followers: 1)
Health & Social Care In the Community     Hybrid Journal   (Followers: 48)
Health and Social Care Chaplaincy     Hybrid Journal   (Followers: 9)
Health and Social Work     Hybrid Journal   (Followers: 63)
HOLISTICA ? Journal of Business and Public Administration     Open Access   (Followers: 1)
Hong Kong Journal of Social Work, The     Hybrid Journal   (Followers: 3)
Housing Policy Debate     Hybrid Journal   (Followers: 20)
Human Service Organizations Management, Leadership and Governance     Hybrid Journal   (Followers: 24)
Indonesian Journal of Guidance and Counseling     Open Access  
International Journal of Ageing and Later Life     Open Access   (Followers: 1)
International Journal of Care and Caring     Hybrid Journal  
International Journal of Disability Management Research     Full-text available via subscription   (Followers: 2)
International Journal of East Asian Studies     Open Access   (Followers: 2)
International Journal of School Social Work     Open Access   (Followers: 2)
International Journal of Social Research Methodology     Hybrid Journal   (Followers: 63)
International Journal of Social Welfare     Hybrid Journal   (Followers: 18)
International Journal of Social Work     Open Access   (Followers: 20)
International Journal of Sociology and Social Policy     Hybrid Journal   (Followers: 67)
International Journal on Child Maltreatment : Research, Policy and Practice     Hybrid Journal   (Followers: 2)
International Social Science Journal     Hybrid Journal   (Followers: 22)
International Social Security Review     Hybrid Journal   (Followers: 9)
International Social Work     Hybrid Journal   (Followers: 20)
Islamic Counseling : Jurnal Bimbingan Konseling Islam     Open Access  
Janus Sosiaalipolitiikan ja sosiaalityön tutkimuksen aikakauslehti     Open Access  
Journal for Specialists in Group Work     Hybrid Journal   (Followers: 1)
Journal of Accessibility and Design for All     Open Access   (Followers: 12)
Journal of Applied Social Psychology     Hybrid Journal   (Followers: 59)
Journal of Benefit-Cost Analysis     Hybrid Journal   (Followers: 2)
Journal of Care Services Management     Hybrid Journal   (Followers: 7)
Journal of Child and Adolescent Counseling     Hybrid Journal  
Journal of Community & Applied Social Psychology     Partially Free   (Followers: 15)
Journal of Community Practice     Hybrid Journal   (Followers: 11)
Journal of Comparative Social Welfare     Hybrid Journal   (Followers: 16)
Journal of Comparative Social Work     Open Access   (Followers: 3)
Journal of Danubian Studies and Research     Open Access  
Journal of Ethnic & Cultural Diversity in Social Work     Hybrid Journal   (Followers: 18)
Journal of European Social Policy     Hybrid Journal   (Followers: 37)
Journal of Evidence-Based Social Work     Hybrid Journal   (Followers: 28)
Journal of Evidence-Informed Social Work     Hybrid Journal   (Followers: 7)
Journal of Family Issues     Hybrid Journal   (Followers: 21)
Journal of Forensic Social Work     Hybrid Journal   (Followers: 12)
Journal of Health Care for the Poor and Underserved     Full-text available via subscription   (Followers: 9)
Journal of Healthcare Engineering     Open Access   (Followers: 3)
Journal of HIV/AIDS & Social Services     Hybrid Journal   (Followers: 7)
Journal of Human Rights and Social Work     Hybrid Journal   (Followers: 3)
Journal of Integrated Care     Hybrid Journal   (Followers: 18)
Journal of International and Comparative Social Policy     Hybrid Journal   (Followers: 3)
Journal of Investigative Psychology and Offender Profiling     Hybrid Journal   (Followers: 11)
Journal of Language and Social Psychology     Hybrid Journal   (Followers: 19)
Journal of Occupational Science     Hybrid Journal   (Followers: 27)
Journal of Personality and Social Psychology     Full-text available via subscription   (Followers: 320)
Journal of Policy Practice     Hybrid Journal   (Followers: 8)
Journal of Policy Practice and Research     Hybrid Journal   (Followers: 2)
Journal of Prevention & Intervention Community     Hybrid Journal   (Followers: 9)
Journal of Professional Counseling: Practice, Theory & Research     Hybrid Journal  
Journal of Public Health     Hybrid Journal   (Followers: 145)
Journal of Public Mental Health     Hybrid Journal   (Followers: 14)
Journal of Religion & Spirituality in Social Work: Social Thought     Hybrid Journal   (Followers: 12)
Journal of Social Development in Africa     Full-text available via subscription   (Followers: 8)
Journal of Social Distress and the Homeless     Hybrid Journal   (Followers: 3)
Journal of Social Issues     Hybrid Journal   (Followers: 17)
Journal of Social Philosophy     Hybrid Journal   (Followers: 27)
Journal of Social Policy     Hybrid Journal   (Followers: 42)
Journal of Social Service Research     Hybrid Journal   (Followers: 11)
Journal of Social Work     Hybrid Journal   (Followers: 83)
Journal of Social Work Education     Hybrid Journal   (Followers: 14)
Journal of Social Work in Disability & Rehabilitation     Hybrid Journal   (Followers: 14)
Journal of Social Work in the Global Community     Open Access   (Followers: 1)
Journal of Social Work Practice in the Addictions     Hybrid Journal   (Followers: 11)
Journal of the Society for Social Work and Research     Full-text available via subscription   (Followers: 11)
Jurnal Karya Abdi Masyarakat     Open Access  
Just Policy: A Journal of Australian Social Policy     Full-text available via subscription   (Followers: 6)
Kontext : Zeitschrift für Systemische Therapie und Familientherapie     Hybrid Journal  
L'Orientation scolaire et professionnelle     Open Access  
Learning in Health and Social Care     Hybrid Journal   (Followers: 11)
Leidfaden : Fachmagazin für Krisen, Leid, Trauer     Hybrid Journal  
Links to Health and Social Care     Open Access  
Maltrattamento e abuso all’infanzia     Full-text available via subscription  
Measurement and Evaluation in Counseling and Development     Hybrid Journal   (Followers: 4)
Mental Health and Social Inclusion     Hybrid Journal   (Followers: 36)
Mental Health and Substance Use: dual diagnosis     Hybrid Journal   (Followers: 24)
Merrill-Palmer Quarterly     Full-text available via subscription   (Followers: 1)
Mortality: Promoting the interdisciplinary study of death and dying     Hybrid Journal   (Followers: 9)
Mundos do Trabalho     Open Access   (Followers: 1)
National Emergency Response     Full-text available via subscription   (Followers: 2)
New Zealand Journal of Occupational Therapy     Full-text available via subscription   (Followers: 69)
Nordic Social Work Research     Hybrid Journal   (Followers: 6)
Nordisk välfärdsforskning | Nordic Welfare Research     Open Access  
Northwestern Journal of Law & Social Policy     Open Access   (Followers: 6)
Nouvelles pratiques sociales     Full-text available via subscription   (Followers: 5)
Nusantara of Research: Jurnal Hasil-hasil Penelitian Universitas Nusantara PGRI Kediri     Open Access  
Parity     Full-text available via subscription   (Followers: 2)
Partner Abuse     Hybrid Journal   (Followers: 9)
Pedagogia i Treball Social : Revista de Cičncies Socials Aplicades     Open Access  
Personality and Social Psychology Bulletin     Hybrid Journal   (Followers: 170)
Personality and Social Psychology Review     Hybrid Journal   (Followers: 51)
Philosophy & Social Criticism     Hybrid Journal   (Followers: 22)
Policy Sciences     Hybrid Journal   (Followers: 14)
Practice: Social Work in Action     Hybrid Journal   (Followers: 16)
Prospectiva : Revista de Trabajo Social e Intervención Social     Open Access  
Psychoanalytic Social Work     Hybrid Journal   (Followers: 12)
Public Policy and Aging Report     Hybrid Journal   (Followers: 3)
Qualitative Research     Hybrid Journal   (Followers: 35)
Qualitative Social Work     Hybrid Journal   (Followers: 21)
Quality in Ageing and Older Adults     Hybrid Journal   (Followers: 44)
Race and Social Problems     Hybrid Journal   (Followers: 11)
Research in Social Stratification and Mobility     Hybrid Journal   (Followers: 13)
Research on Economic Inequality     Hybrid Journal   (Followers: 10)
Research on Language and Social Interaction     Hybrid Journal   (Followers: 19)
Research on Social Work Practice     Hybrid Journal   (Followers: 30)
Review of Social Economy     Hybrid Journal   (Followers: 4)
Revista Internacional De Seguridad Social     Hybrid Journal  
Revista Serviço Social em Perspectiva     Open Access  
Safer Communities     Hybrid Journal   (Followers: 50)
Science and Public Policy     Hybrid Journal   (Followers: 25)
Self and Identity     Hybrid Journal   (Followers: 21)
Service social     Full-text available via subscription   (Followers: 9)
Sexual Abuse in Australia and New Zealand     Full-text available via subscription   (Followers: 9)
Skriftserien Socialt Arbejde     Open Access   (Followers: 1)
Social Action : The Journal for Social Action in Counseling and Psychology     Free   (Followers: 2)
Social and Personality Psychology Compass     Hybrid Journal   (Followers: 17)
Social Behavior and Personality : An International Journal     Full-text available via subscription   (Followers: 13)
Social Choice and Welfare     Hybrid Journal   (Followers: 12)
Social Cognition     Full-text available via subscription   (Followers: 20)
Social Compass     Hybrid Journal   (Followers: 5)
Social Influence     Hybrid Journal   (Followers: 7)
Social Justice Research     Hybrid Journal   (Followers: 24)
Social Philosophy and Policy     Full-text available via subscription   (Followers: 25)
Social Policy & Administration     Hybrid Journal   (Followers: 31)
Social Policy and Society     Hybrid Journal   (Followers: 142)
Social Science Japan Journal     Hybrid Journal   (Followers: 11)
Social Semiotics     Hybrid Journal   (Followers: 7)
Social Work     Hybrid Journal   (Followers: 39)
Social Work & Social Sciences Review     Open Access   (Followers: 20)
Social Work / Maatskaplike Werk     Open Access  
Social Work and Society     Open Access   (Followers: 2)
Social Work Education: The International Journal     Hybrid Journal   (Followers: 14)
Social Work Research     Hybrid Journal   (Followers: 24)
Social Work Review     Full-text available via subscription   (Followers: 16)
Social Work With Groups     Hybrid Journal   (Followers: 7)
Socialinė teorija, empirija, politika ir praktika     Open Access  
Socialmedicinsk Tidskrift     Open Access  

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Northwestern Journal of Law & Social Policy
Number of Followers: 6  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1557-2447
Published by Northwestern University Homepage  [6 journals]
  • Outside Tinker’s Reach: An Examination of Mahanoy Area School District
           v. B. L. and its Implications

    • Authors: Michelle Hunt
      Abstract: In the 1969 landmark case Tinker v. Des Moines Independent Community School District, the Supreme Court reassured students that they do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Ever since then, the exact scope of students’ free speech rights has been unclear, but the high court has used Tinker’s substantial disruption test to clarify its scope in successive legal challenges. In 2017, B. L., a Mahanoy Area School District student, was suspended from her cheerleading team after using vulgar language off-campus that made its way back to her coaches. She challenged the decision in the courts, and when her case reached the Court of Appeals, the Third Circuit declined to use Tinker’s test in its decision, instead ruling that Tinker categorically does not apply to any off-campus speech. The Third Circuit’s argument that courts should use a bright-line rule in applying Tinker to off-campus speech is a compelling one. This Comment evaluates the substance of the Third Circuit’s decision, describes the Supreme Court’s eventual retort, and discusses why the Supreme Court’s ruling fails millions of public school students and their families. While the Supreme Court vindicated B. L., students suffer without clear guidance regarding student free speech rights.
      PubDate: Tue, 19 Apr 2022 10:23:00 PDT
       
  • Medical Necessity of Residential Treatment for Anorexia: Can Parity be
           Achieved'

    • Authors: Abbey Derechin
      Abstract: This Note examines the statutory landscape of mental health parity in the United States. The lens of this Note is through the mental illness of anorexia. Parity laws mandate analogous limitations between mental and physical illness. Therefore, because anorexia has many physical manifestations, it serves as a nice juxtaposition to physical illnesses. This Note will argue for broad interpretation of the Mental Health Parity and Addiction Equity Act (MHPAEA) through comparative analysis of counterpart statute, the California Mental Health Parity Act (CMHPA). It will explore how courts have interpreted the CMHPA broadly to suggest that the MHPAEA should be interpreted the same way.
      PubDate: Tue, 19 Apr 2022 10:23:00 PDT
       
  • How Judicial Accounting Law Fails Occupying Cotenants

    • Authors: Phil Rich
      Abstract: Few law students remember judicial accounting law from their property law course, and it’s hard to blame them. This little-discussed body of law is formulaic and rarely addressed by appellate courts. Judicial accounting law, however, should not be ignored. The law, which allocates equity to cotenants (or, more colloquially, co-owners) of residential property upon partition of that property, guides homeowners’ behavior and shifts wealth between them. This Note argues that state legislatures should reform judicial accounting law to better protect those cotenants living in their homes from partitions brought by cotenants living elsewhere.The problem with judicial accounting law lies in its rigid approach to distributing property among cotenants. Current judicial accounting law considers only six monetary factors when allocating equity to cotenants, including housing payments and the fair market value of rent (credited to cotenants who are not living in the home). As this Note explains, this inflexible process ignores the unique nature of residential property, improperly pushing occupying cotenants—those who live on the property—away from their home. To prevent harm to occupying cotenants, judicial accounting law should incorporate some additional non-monetary factors to enable judges to shift more equity to the occupying cotenant in cases where (1) that cotenant has an established connection to their home and community, and (2) the non-occupying cotenant has induced the occupying cotenant to rely on stable housing. This modest change in law promotes utility while remaining grounded in analogous areas of law, such as the marital distribution of property.
      PubDate: Tue, 19 Apr 2022 10:22:59 PDT
       
  • Insuring Contraceptive Equity

    • Authors: Jennifer Hickey
      Abstract: The United States is in the midst of a family planning crisis. Approximately half of all pregnancies nationwide are unintended. In recognition of the social importance of family planning, the Affordable Care Act (ACA) includes a “contraceptive mandate” that requires insurers to cover contraception at no cost. Yet, a decade after its enactment, the ACA’s promise of universal contraceptive access for insured women remains unfulfilled, with as many as one-third of U.S. women unable to access their preferred contraceptive without cost.While much attention has been focused on religious exemptions granted to employers, the primary barrier to no-cost contraception is the profit motivation of private insurance companies. This Article fills a crucial gap by providing an in-depth examination of the insurance practices that burden contraceptive access for the vast majority of reproductive-aged women on both public and private insurance. Private insurers are afforded substantial discretion in the products they choose to cover and the costs they set, and this causes significant disparities in the availability and affordability of various contraceptive methods. Arguments for equitable and enhanced contraceptive access are traditionally grounded in claims of constitutional rights to reproductive freedom. Unfortunately, this rhetoric of individual rights, rooted in privacy jurisprudence, focuses only on restraining the state from interfering with a woman’s reproductive decisions. This absolves the state of responsibility for family planning and allows women to shoulder the burden of unintended pregnancy as a matter of individual choice and responsibility.This Article instead applies vulnerability theory to establish state responsibility for just and fair distribution of contraception. A vulnerability approach imposes positive obligations on the state to provide contraception as a form of resilience, rather than allowing the state to abdicate responsibility to the private insurance market and individual women under a limited “consumer protection” role. This approach requires the state to monitor and regulate the discretion afforded to insurance companies in making public decisions regarding coverage of various contraceptive methods. This includes examining inequitable insurance practices and policies and assessing power imbalances between insurers, providers, and pharmaceutical companies and patients. In this manner, the United States can move beyond its narrow consumer-oriented approach to contraception and recognize that contraception is vital to fulfillment of important social obligations, not an individual choice made by empowered consumers.
      PubDate: Tue, 19 Apr 2022 10:22:58 PDT
       
  • Delayed Synergy: Challenging Housing Discrimination in Chicago in the
           Streets and in the Courts

    • Authors: Leonard S. Rubinowitz et al.
      Abstract: During the Montgomery Bus Boycott, the Montgomery Improvement Association combined a boycott with a successful constitutional challenge to bus segregation laws, producing more progress to desegregate the buses than either strategy could have brought about on its own. The Montgomery Improvement Association’s approach was a paradigm of the synergy between a social movement and social change litigation.This Article argues for opportunities for synergy between social movements and social change litigation in three ways: 1) extending the time frame; 2) joining the forces of two separate organizations to produce change, unlike the single organization in Montgomery; and 3) creating an innovative new program that is different from either of the earlier separate strategies. The Article takes housing desegregation in metropolitan Chicago as a case study. As a result of close, ongoing collaboration between two organizations, substantially more low-income Black families in metropolitan Chicago secured affordable housing of their choice than in the decade before the two organizations joined forces and produced “delayed synergy.”
      PubDate: Tue, 19 Apr 2022 10:22:57 PDT
       
  • City of Los Angeles v. Lyons: How Supreme Court Jurisprudence of the Past
           Puts a Chokehold on Constitutional Rights in the Present

    • Authors: Peter C. Douglas
      Abstract: The United States today has refocused its attention on its continuing struggles with civil rights and police violence—struggles that have always been present but which come to the forefront of the collective consciousness at inflection points like the current one. George Floyd—and uncounted others—die at the hands of the police, and there is, justifiably, outrage and a search for answers. Although the reasons why Black and Brown people are disproportionally subject to unconstitutional police violence are manifold, one reason lies in the Supreme Court’s 1983 decision in City of Los Angeles v. Lyons. While many scholars have criticized the Burger Court’s Lyons decision from a variety of valuable vantage points, this Note takes a different approach, considering the extent to which Lyons was the product not of a single Court, but of generations of jurists. Through an extensive historical case study, this Note hopes to provide a new perspective on why the Lyons decision was wrong and why the majority opinion failed to support its holding. With the Lyons ancestry laid bare, this Note then uses that historical understanding to advocate for greater transparency in federal jurisprudence. Specifically, this Note argues that decisions like Lyons are, in part, made possible by obfuscatory jurisprudential approaches to “saying what the law is.” Regardless of the precise nature of the federal judiciary’s systemic problems, certain jurisprudential methodologies tend to reinforce and preserve those problems. To begin addressing systemic issues in the federal judiciary, we must embrace some modest, but powerful, adjustments to how jurists “say what the law is.”
      PubDate: Wed, 24 Nov 2021 11:33:34 PST
       
  • With Unanimity and Justice for All: The Case for Retroactive Application
           of the Unanimous Jury Verdict Requirement

    • Authors: Kara Kurland
      Abstract: Until the Supreme Court’s 2020 decision in Ramos v. Louisiana, non-unanimous jury verdicts were constitutional and utilized in two states: Louisiana and Oregon. The Ramos decision not only declared the practice of non-unanimous jury verdicts unconstitutional, but it also emphasized the essential nature of jury verdict unanimity in criminal trials throughout American history and legal jurisprudence. A year later, in Edwards v. Vannoy, the Court considered retroactive application of Ramos. Utilizing the test created in Teague v. Lane that assessed the retroactivity of new rules of criminal procedure, the Court announced that, despite the essential nature of the unanimous jury verdict requirement, it was not a “bedrock element of criminal procedure.” Therefore, like every other new rule of criminal procedure to date, this rule did not apply retroactively. After acknowledging that the Teague test had never found a new rule of criminal procedure to meet its demanding standard, Edwards then took the drastic step of eliminating the bedrock exception to Teague altogether. This Note argues that the Edwards Court was wrong in its analysis and conclusion to deny hundreds of prisoners relief based on non-unanimous jury verdicts that were obtained prior to Ramos. Though the Supreme Court has denied relief to those prisoners, this Note explains that state courts still have the ability to retroactively apply Ramos and that justice requires state courts to adjudicate non-unanimous jury verdict claims accordingly.
      PubDate: Wed, 24 Nov 2021 11:33:33 PST
       
  • Comparative Limitations on Abortions: The United States Supreme Court v.
           The European Court of Human Rights

    • Authors: Sunaya Padmanabhan
      Abstract: This Note compares the balancing tests implemented by the United States Supreme Court and the European Court of Human Rights to determine the legal status of abortion within their jurisdictions. This Note will argue that the Supreme Court’s balancing test better protects a woman’s legal path to an abortion because it A) limits states’ restrictions to specific categories and B) regulates the extent to which states can restrict a woman’s pre-viability abortion.This Note will also examine the ways in which each court’s abortion jurisprudence substantively restricts a woman’s ability to obtain an abortion, even where legal avenues to the procedure exist. It will explore how anti-abortion states utilize weaknesses in the Supreme Court’s undue burden framework to impose obstacles on a woman’s right to an abortion. In the European context, it will review how anti-abortion countries take advantage of the discretion, granted by the European Court of Human Rights, to determine the legality of abortion and criminalize abortion care outside of particular circumstances provided by law, creating a chilling effect that substantively limits a woman’s access to abortion.This Note proposes that the Supreme Court should further develop the “effect” piece of its undue burden test such that states cannot enact laws which have the effect of preventing women from terminating their pregnancies. It also recommends that the European Court of Human Rights alter its balancing framework to reduce member-state discretion in the evaluation of whether a law violates a woman’s right to privacy.
      PubDate: Wed, 24 Nov 2021 11:33:32 PST
       
  • Removing Police From Schools Using State Law Heightened Scrutiny

    • Authors: Christina Payne-Tsoupros
      Abstract: This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools.Disparities in school discipline for Black and brown children are well-known. After discussing the legal structures of school policing, this Article uses the Disability Critical Race Theory (DisCrit) theoretical framework developed by Subini Annamma, David Connor, and Beth Ferri to explain why police are unacceptable in schools. Operating under the premise that school police are unacceptable, this Article then analyzes mechanisms to effect the abolition of police in schools, focusing on solutions to school policing that are consistent with DisCrit principles.This Article proposes using the state law constitutional right to education as that mechanism. Every state, in its constitution, provides for some form of a right to education. While an imperfect solution, this Article considers the state constitutional right to education as an approach to remove police from schools with broader ramifications for dismantling the school-to-prison pipeline.
      PubDate: Wed, 24 Nov 2021 11:33:31 PST
       
  • Abandoning the Subjective and Objective Components of a Well-Founded Fear
           of Persecution

    • Authors: Grace Kim
      Abstract: Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers’ subjective fear of being persecuted if they return to their home countries—is superfluous because this component is rarely contested. The subjective component is essentially a non-issue because asylum seekers can prove this component by stating that they are afraid to go back to their home countries. The objective component—whether asylum seekers’ fears are objectively reasonable—remains unclear. Moreover, courts have misapplied the well-founded fear standard and interpreted the objective component in inconsistent ways. Thus, this Note argues that the Supreme Court should eliminate the subjective component in the well-founded fear analysis and assume that asylum seekers have a genuine fear if they submit an application. In addition, the Supreme Court should simplify the objectively reasonable fear analysis to “a reasonable possibility of persecution,” which would be a 10% chance of persecution. A reasonable possibility of persecution would emphasize how a well-founded fear points to a threshold or probability of persecution rather than a separate, convoluted analysis.
      PubDate: Sat, 17 Apr 2021 10:23:00 PDT
       
  • Third-Party Standing and Abortion Providers: The Hidden Dangers of June
           Medical Services

    • Authors: Elika Nassirinia
      Abstract: Standing is a long held, judicially-created doctrine intended to establish the proper role of courts by identifying who may bring a case in federal court. While standing usually requires that a party asserts his or her own rights, the Supreme Court has created certain exceptions that allow litigants to bring suit on behalf of third parties when they suffer a concrete injury, they have a “close relation” to the third party, and there are obstacles to the third party's ability to protect his or her own interests. June Medical Services, heard by the Supreme Court on June 29, 2020, involves the Unsafe Abortion Protection Act, a Targeted Regulation of Abortion Providers (TRAP) law which requires abortion providers in Louisiana to have admitting privileges at a hospital within thirty miles of where the providers perform abortions. This law decreased the number of abortion clinics in Louisiana from six to three. In addition to the admitting privileges issue in the case, Louisiana challenged the entitlement of the plaintiff-providers to third-party standing in bringing suit, arguing that abortion providers do not meet the requirements of third-party standing. Louisiana’s arguments pose a grave danger to reproductive rights across the country, as the abolishment of third-party standing for abortion providers would severely restrict the number of cases brought forth challenging abortion restrictions. Louisiana’s arguments ignore a long line of precedent that recognizes third-party standing of abortion providers challenging health and safety regulations, as well as the well-documented dangers of TRAP laws to women’s health. In addition, Louisiana’s rationale rests on inaccurate assumptions about the dynamic between abortion providers and their patients, and disregards the very real and dangerous hindrance in the path of women seeking to file lawsuits on their own behalf in cases involving abortion restrictions.
      PubDate: Sat, 17 Apr 2021 10:23:00 PDT
       
  • CRIMINAL ADVISORY JURIES: A SENSIBLE COMPROMISE FOR JURY SENTENCING
           ADVOCATES

    • Authors: Kurt A. Holtzman
      Abstract: Supreme Court Justice Neil Gorsuch recently noted that “juries in our constitutional order exercise supervisory authority over the judicial function by limiting the judge’s power to punish.” Yet in the majority of jurisdictions, contemporary judge-only sentencing practices neuter juries of their supervisory authority by divorcing punishment from guilt decisions. Moreover, without a chance to voice public disapproval at sentencing, juries are muted in their ability to express tailored, moral condemnation for distinct criminal acts. Although the modern aversion to jury sentencing is neither historically nor empirically justified, jury sentencing opponents are rightly cautious of abdicating sentencing power to laypeople. Nevertheless, jury endorsement of criminal sentencing is critical to the legitimacy of criminal law. It is also necessary if criminal law is to remain responsive to evolving social mores. Unfortunately, today, studies suggest that actual criminal sentences are largely detached, if not divergent, from community preference. The criminal advisory jury is a mechanism to solve these issues by allowing juries to express community sentiment on punishment while preserving the values inherent in autonomous judicial sentencing. The jury is one of the most democratic institutions within the United States and sits readily assembled for most criminal trials. Failing to solicit its views of just desert for the criminal it has convicted is an opportunity wasted; an opportunity the criminal advisory jury construct will seize.
      PubDate: Sat, 17 Apr 2021 10:22:59 PDT
       
  • Title IX Administers a Booster Shot: The Effect of Private Donations on
           Title IX

    • Authors: Charlotte Franklin
      Abstract: Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in federally funded education programs or activities. Since its enactment, Title IX has dramatically increased interscholastic and intercollegiate athletic opportunities for women and girls. Despite indisputable progress since Title IX’s enactment, particularly for female athletes, many high schools and universities still fail to offer equal athletic opportunities for members of both sexes. Inadequate educational resources for high school and university athletic department administrators leads to a misunderstanding of Title IX’s requirements. This misunderstanding results in institutional misconduct and non-compliance with Title IX. In particular, booster club funds and private donations often result in non-compliance by schools, and administrators who do not understand the scope of the law may not even recognize this non-compliance. Sport-specific booster club funds and privately funded earmarked donations pose a threat to Title IX compliance if administrators allocate these gifts without regard for equitable distribution. To redress disparities between men’s and women’s athletic programs, OCR should offer more robust educational resources and implement Title IX trainings so administrators can prevent misallocating booster club funds and private donations. OCR should train representatives from high school and collegiate athletic conferences to help spread awareness to administrators at their respective institutions. In addition to OCR-mandated trainings, administrators should collaborate with the leaders of their institutions’ booster clubs, alumni associations, and other prospective donors to ensure these individuals recognize the Title IX implications of their gifts. Greater understanding of Title IX is critical for everyone involved throughout the gift-giving process—from the initial donation to the departmental allocation of the funds. Ultimately, if OCR implements more substantive educational resources about Title IX, compliance with the law would improve. This compliance would help ensure equal opportunities are afforded to every student, regardless of sex.
      PubDate: Sat, 17 Apr 2021 10:22:58 PDT
       
  • DEATH-BY-INCARCERATION IN ILLINOIS

    • Authors: Joseph Dole
      PubDate: Sat, 17 Apr 2021 10:22:57 PDT
       
  • Pandemic Emotions: The Good, The Bad, and The Unconscious —Implications
           for Public Health, Financial Economics, Law, and Leadership

    • Authors: Peter H. Huang
      Abstract: Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s financial, health, and political decisions, causing additional fears. Emotions have direct health impacts and indirect behavioral impacts, which in turn have their own health impacts. People differ vastly in whether, how much, and when they experience anxiety, complacency, and panic during pandemics. A common path is to feel some anxiety initially, then panic, and finally become complacent. This Article advocates these responses to pandemics:(1) paying people directly monthly pandemic financial assistance,(2) encouraging people to practice mindfulness,(3) gently enforcing Non-Pharmaceutical Interventions,(4) fostering accurate information acquisition about pandemics, and(5) applying psychological game theory to better understand emotions that depend on beliefs about leadership.
      PubDate: Sat, 17 Apr 2021 10:22:57 PDT
       
  • Trade War, PPE, and Race

    • Authors: Ernesto A. Hernandez-Lopez
      Abstract: Tariffs on Personal Protective Equipment (PPE), such as face masks and gloves, weaken the American response to COVID. The United States has exacerbated PPE shortages with Section 301 tariffs on these goods, part of a trade war with China. This has a disparate impact felt by minority communities because of a series of health inequity harms. COVID’s racial disparity appears in virus exposure, virus susceptibility, and COVID treatments. This Article makes legal, policy, and race-and-health arguments. Congress has delegated to the United States Trade Representative expansive authority to increase tariffs. This has made PPE supplies casualties of the trade war. In political terms, the Trump administration prioritized increasing tariffs over public health readiness. Regarding race, PPE shortages exemplify the socioeconomic effects of trade policies and add to COVID’s racial disparities.
      PubDate: Sat, 17 Apr 2021 10:22:56 PDT
       
  • Balancing the Carrot and the Stick: Achieving Social Goals Through Real
           Property Tax Programs

    • Authors: Ryan F. Bender
      Abstract: The sharp and growing wealth divide in the United States has elicited significant media and public attention over the past decade, with loud calls for achieving social goals through tax system change. While wealth preservation loopholes in the Internal Revenue Code can contribute to wealth inequalities, tax policies that incentivize socially responsible, tax efficient investment offer an attractive tool for estate planning professionals while also promoting social impact programs. Additionally, while direct government investments into low-income community development, land preservation, and food security are important drivers of change, tax policies that push private capital into these causes are equally important to making a social impact. Through the lens of three widely used estate planning strategies, (i) Qualified Opportunity Zone (QOZ) investments, (ii) conservation easement donations, and (iii) special agricultural appraisals, this Article examines the potential for such strategies to offer wealth-preserving tax breaks while directing private capital toward achieving social goals. There are pitfalls to be considered in the analysis of these programs, including inequality in accessing these tax breaks and potential for taxpayer abuse. Regardless, this Article concludes that well-drafted and properly policed incentive-based programs that offer tax discounts in return for private investments of capital into socially beneficial impact areas can offer an appealing alternative to direct government investment programs.
      PubDate: Sat, 17 Apr 2021 10:22:55 PDT
       
  • Global Apathy and the Need for a New, Cooperative International Refugee
           Response

    • Authors: Emily Gleichert
      Abstract: While an increasing number of nations move toward isolationist, nationalist policies, the number of refugees worldwide is climbing to its highest levels since World War II. The United Nations High Commissioner for Refugees (UNHCR) is the international body tasked with protecting this population. However, the office’s traditional solutions for refugees – local integration, resettlement in a third country, and voluntary repatriation – have mostly eluded refugees who spend an average of twenty years in exile. The limitations UNHCR’s structure imposes on the office, specifically in its ability to fund its operations and compel nations to act, have contributed to its failure to effect durable solutions for refugees. The Global Compact on Refugees, proposed by UNHCR and adopted by most United Nations member states, seeks to address these structural limitations. Nonetheless, the Global Compact on Refugees does not fundamentally alter the constraints that currently prevent refugees from accessing durable solutions. The United Nations must work collaboratively across its organs to craft a solution. Moving forward, the United Nations Security Council should use its power under Chapter VII to create a centralized tribunal for refugees that will harmonize protection for refugees, increase burden sharing among nations, and facilitate a durable solution for refugees. The centralized tribunal will only be possible if structured to give nations the correct incentives to buy in. However, if there is successful buy in, the centralized tribunal may address the refugee crisis – and the global apathy toward it – in ways UNHCR has not and cannot.
      PubDate: Tue, 01 Dec 2020 09:24:36 PST
       
  • An Unfair Cross Section: Federal Jurisdiction for Indian Country Crimes
           Dismantles Jury Community Conscience

    • Authors: Alana Paris
      Abstract: Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the right to adjudicate all serious crimes committed by one American Indian against another American Indian or non-Indian within Indian country. American Indian defendants under the Major Crimes Act are thus placed in federal district court for a crime that would ordinarily be tried in a local courtroom with a local jury. Instead, the American Indian defendant will receive a jury drawn from the entire federal district, a jury that, by its constitutional guarantee, will reflect a fair cross section of the federal community—one that is mostly, if not entirely, white and non-Indian. This framework is unfair for American Indians. Congress justifies this unique jurisdictional framework by citing the federal government’s own historically exceptional treatment of American Indians as dependent sovereigns, supposedly meant to protect American Indians’ interests. Following that same logic, the federal government should enact legislation to target the fair cross section standard as it applies to American Indians and protect American Indians’ interests in self-governance. Assuming the federal government insists on retaining its jurisdiction in Major Crimes Act cases, it should create a procedural safeguard in cases where the defendant is placed in federal district court based on their designation as an American Indian. This safeguard should ensure that American Indian defendants receive a jury with an indigenous community conscience by locking the number of American Indian jurors that appear on a federal jury trial to at least six, or redefining “community” to mean “Indian country.”
      PubDate: Tue, 01 Dec 2020 09:24:33 PST
       
  • Legal Clinics and the Better Trained Lawyer, Part II: A Case Study of
           Accomplishments, Challenges and the Future of Clinical Legal Education

    • Authors: Thomas Geraghty
      PubDate: Tue, 01 Dec 2020 09:24:30 PST
       
 
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